March 2006 Volume 5 Issue 4 www.antitrustsource.com
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CURRENT ISSUE

Interview with FTC Commissioner Pamela Jones Harbour

Commissioner Harbour discusses her agenda to protect consumers by, among other things, advocating for bringing more vertical cases and looking more closely at innovation markets.

Volvo v. Reeder: Narrow Holding, Broad Implications

Elaine Foreman and Robert Skitol explore the narrrow holding, but potentially broad implications, of the Supreme Court's recent decision in Volvo v. Reeder, which once again makes it more difficult for Robinson-Patman plaintiffs to prevail under certain circumstances

Contrasting Canadian and U.S. Plea Practices in Antitrust Cases

Graham Reynolds analyzes the substantive and procedural differences between U.S. and Canadian plea bargaining practices in antitrust cases.

Second Circuit Puts Antitrust Conspiracy’s Skeletal Pleading Rules on a Diet

Mark D. Alexander lays bare the wafer-thin plausibility requirement for antitrust conspiracy allegations of the recent Second Circuit Twombly decision and considers the next step for corporate litigants.

A Safety Zone for the Ex Ante Communication of Licensing Terms at Standard-Setting Organizations

John J. Kelly and Daniel I. Prywes examine ex ante royalty discussions in standard-setting activity and propose a 10-principle safety zone.

Minimum Service Requirements in Real Estate Brokerage: A Reply to Darryl W. Anderson

Maureen K. Ohlhausen disagrees with Darryl Anderson’s argument that consumers are harmed by limited-service brokerage.

Book Review: Evaluating the Pro- and Anticompetitive Effects of Intellectual Property Protection

Thomas F. Cotter reviews a new collection of papers on the intersection of IP and antitrust edited by François Lévêque & Howard Shelanski, Antitrust, Patents and Copyright: EU and US Perspectives.

Paper Trail: Working Papers and Recent Scholarship

Editor John Woodbury puts the recent AMC hearings on merger enforcement under the microscope.

 
NB: From the Editor

WELCOME to the March issue of The Antitrust Source -- your source for up-to-the-minute expert analysis on the most timely topics in antitrust. In this issue, we are pleased to feature an interview with FTC Commissioner Pamela Jones Harbour, in which she candidly reflects on her first two years as Commissioner and sets out her future goals for both the competition and consumer protection missions of the Commission.

Looking ahead, the May issue will feature the publication of the entire edited transcript of the Roundtable Conference with Enforcement Officials at the upcoming ABA Antitrust Section Spring Meeting in Washington, March 28-31. This will mark the first appearance of the Roundtable in The Source. Readers will now get very timely access to statements of current enforcement priorities and policy positions by FTC Chairman Deborah Majoras, U.S. DOJ Antitrust Division Chief Tom Barnett, NAAG Multistate Antitrust Task Force Chair Bob Hubbard, and EU Commissioner Neelie Kroes.

Finally, we hope you agree that our redesigned cover page provides even easier and quicker access to articles of interest in our current and past issues. Special thanks go to reader David T. Fischer, who let us know that our Hot Links to other antitrust-related sites needed updating -- and then provided us with the latest information.

If there is something you think we should cover or you have something you'd like us to publish, send it to us at antitrust@att.net.

Gary Zanfagna
Editorial Chair

Issue Editors
Michael Barnett
Amy Stathos

Vol. 5 Issue 4